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Schiavo Request for Rehearing Denied

By TChris, Section Court Decisions
Posted on Wed Mar 30, 2005 at 03:26:21 PM EST
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by TChris

The Eleventh Circuit again (presumably for the final time) rejected an invitation to intervene in the Terri Schiavo case.

"Any further action by our court or the district court would be improper," the Atlanta-based 11th U.S. Circuit Court of Appeals wrote. "While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty."

Judge Birch, concurring in the unsigned order, made clear his displeasure with the federal government's efforts to interfere with decisions made in the Florida courts.

[In] a scathing attack on politicians who got involved in the case, [Judge Birch] added that the White House and lawmakers "have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people our Constitution."

The decision is available here (pdf).

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    Schiavo Request for Rehearing Denied | 22 comments (22 topical)
    Re: Schiavo Request for Rehearing Denied (none / 0) (#1)
    by Talkleft Visitor on Wed Mar 30, 2005 at 03:48:40 PM EST
    The President is urging Congress to pass legislation that reduces the burden of frivolous lawsuits on our economy. President Bush supports enactment of medical liability reform, class action lawsuit reform, and asbestos litigation reform to expedite resolutions and curb the costs of lawsuits for all Americans.
    -straight off www.gop.com Based on the successive findings by judges in this case, is GW encouraging frivolous lawsuits?

    Re: Schiavo Request for Rehearing Denied (none / 0) (#2)
    by Sailor on Wed Mar 30, 2005 at 03:55:06 PM EST
    Yep, the party of states rights, rule of law, 'activist judges', but only if it fits their agenda.

    Re: Schiavo Request for Rehearing Denied (none / 0) (#3)
    by Talkleft Visitor on Wed Mar 30, 2005 at 04:12:14 PM EST
    et al - Opinions are like noses. Everyone has one.

    Re: Schiavo Request for Rehearing Denied (none / 0) (#4)
    by Talkleft Visitor on Wed Mar 30, 2005 at 04:20:16 PM EST
    Unfortunately this story will live longer than Terry will. I am already hearing folks attacking the validity of her autopsy! Terry's parents have created a Frankenstein just as Terry wished, Right. "Gee Mom & Dad if it should happen to me, I want you to turn me into an extra for the next sequel of "night of the living dead Evangelicals." This not about Terry this is about her parents unwillingness to let go.

    Re: Schiavo Request for Rehearing Denied (none / 0) (#5)
    by Talkleft Visitor on Wed Mar 30, 2005 at 04:24:41 PM EST
    The living will that results from this mess

    Re: Schiavo Request for Rehearing Denied (none / 0) (#6)
    by Talkleft Visitor on Wed Mar 30, 2005 at 04:31:41 PM EST
    Don't bother with a living will. Just get out your video camers and a News paper. turn on the video recorder hold up the paper say the date then speak your mind. Give the tape to a love one and a copy to a close friend. That should do it. At worst the media will play it over and over and over and over and over and over and..........

    Re: Schiavo Request for Rehearing Denied (none / 0) (#7)
    by Talkleft Visitor on Wed Mar 30, 2005 at 05:10:23 PM EST
    This is nothing short of state-sanctioned murder. Mr. Schiavo did not come forward with the assertion that Terri wanted to die until years after the heart attack, until after Terri obtained a substantial settlement from an insurance company, and until after he began living with another woman? And everyone has to defer to his opinion of what's best for his wife?

    Re: Schiavo Request for Rehearing Denied (none / 0) (#8)
    by Ambiorix on Wed Mar 30, 2005 at 05:21:56 PM EST
    Spaintser clearly, you either refuse to inform yourself on this case or else you are spreading lies on purpose.

    Re: Schiavo Request for Rehearing Denied (none / 0) (#9)
    by karen on Wed Mar 30, 2005 at 05:38:32 PM EST
    Spainster, in case you really would like the facts, Michael spent five years trying to find a treatment to help his wife. It takes time for people to accept that nothing can be done. Only after giving up hope for recovery, it was time to honor her wish not to live as a brain-dead piece of flesh. Simple really.

    Re: Schiavo Request for Rehearing Denied (none / 0) (#10)
    by Talkleft Visitor on Wed Mar 30, 2005 at 05:54:13 PM EST
    Spainster states Mr. Schiavo did not come forward with the assertion that Terri wanted to die until years after the heart attack, until after Terri obtained a substantial settlement… Actually, Michael Schiavo received about $300,000 of the settlement for HIS loss. This money could be spent for anything he wanted. And his lawyer, George Felos, has been paid about $400,000 out of the remaining funds. Is it just coincidence that the left always sides with the big money?

    Re: Schiavo Request for Rehearing Denied (none / 0) (#11)
    by Talkleft Visitor on Wed Mar 30, 2005 at 06:57:42 PM EST
    Is it just coincidence that the left always sides with the big money? Is it just coincidence that the religious right always relies on distortions and lies? The most troubling thing about all this, to me, is the way the "Right to Life" people have reduced human life to mere flesh. A human life no longer requires a mind, a spirit or even a soul - just simple materialistic flesh. This is, of course, the logical outcome of seeing human life in a single cell zygote. All the things that make us special mean nothing. We are mere bodies, meant for nothing more than the service of the appropriate clergy - communism with a Bible.

    Re: Schiavo Request for Rehearing Denied (none / 0) (#12)
    by Talkleft Visitor on Wed Mar 30, 2005 at 07:37:39 PM EST
    allen states Is it just coincidence that the religious right always relies on distortions and lies? Allen, can you name a side that doesn't resort to distortions and lies? I can't.

    Re: Schiavo Request for Rehearing Denied (none / 0) (#13)
    by Talkleft Visitor on Wed Mar 30, 2005 at 07:38:38 PM EST
    Yup, and he dropped his "Big Money" on care for his wife! Yay Judge Birch!

    Re: Schiavo Request for Rehearing Denied (none / 0) (#14)
    by jimcee on Wed Mar 30, 2005 at 07:42:18 PM EST
    Being not of the religious right or secular left, I still can't understand why Mr Schiavo couldn't just walk away and leave the parents to mourn in their own way. If Mrs Schiavo wasn't suffering from her condition, was just in a "PVS" then what would it hurt for her to live at her parents request? By Mr Schiavo forcing the death of thier daughter he is being unnecessarially cruel to her parents who have formed their lives on the hope of a miracle no matter how far fetched. If Terri Schiavo doesn't know what's happening to her why can't Michael Shiavo release her to her family to care for her. Why does he seem to have the need to kill their hope as well as their daughter? Why would he be so cruel? Would it be so hard for him to just walk away from this tragic situation if there wasn't some spiteful feelings on his part towards her family? This has become a circus of ill repute, the press with its endless coverage, Mr Schiavo with his vacant pleas on his "wifes" behalf, with the Religious zealots holding vigil out front and of course Jessie Jackson and Sean Hannity showing up on the scene. The whole situation is vulgar with a capital "V" and it shows that there is one thing that is in short supply in this situation and that is class. It Started with Michael Schiavo and has continued to gain ground since. I am disgusted by some of what I've read on this and other threads about this case but I am not surprized. This is the world gone nuts and it is rather distasteful all the way around. But I'm sure if Paul in LA writes in it will be all Bush's fault.

    Re: Schiavo Request for Rehearing Denied (none / 0) (#15)
    by Talkleft Visitor on Wed Mar 30, 2005 at 08:04:32 PM EST
    Jimcee, I think Terri's husband and her parents are both sincere in their actions and in what they believe. If there is any "villian" in this case (and I don't know that there is), my vote goes to Michael's lawyer, George Felos, who has received loads of money, around $400,000 and enough publicity to make millions more. Best I can tell, he is the only "winner" in this drama.

    Re: Schiavo Request for Rehearing Denied (none / 0) (#16)
    by Talkleft Visitor on Wed Mar 30, 2005 at 08:05:03 PM EST
    jimcee - Good points. But standby. The next comments will be telling you he is doing it to "honor his wife's wishes." Of course if his wife is brain dead, and feels no pain...

    Re: Schiavo Request for Rehearing Denied (none / 0) (#17)
    by Kitt on Wed Mar 30, 2005 at 08:07:45 PM EST
    Jimcee - Why is it so important to you that Michael Schiavo 'release' Terri to her parents? Michael Schiavo has gone on record as saying that the reason he doesn't divorce Terri or "hand her over to her parents" is of the committment he made to her that he would not let her live 'as a vegetable.' Terri's family do not believe that what their daughter wanted and thus will not keep their daughter's wishes (as expressed to Michael and others) to not remain in a vegetative state. Which - of course she has done for the past 15 years. There was a story on CNN last week about a woman in Virginia who had to fight the Virginia governor in order to fulfill her husband's wishes. She was asked why she didn't give up. Her reason - if I was not an advocate for my husband's wishes, who would be?

    Re: Schiavo Request for Rehearing Denied (none / 0) (#18)
    by Talkleft Visitor on Wed Mar 30, 2005 at 08:21:59 PM EST
    Secular left????? as opposed to the secular right represented by Congressman Christopher Shay-- your language betrays you

    Re: Schiavo Request for Rehearing Denied (none / 0) (#19)
    by Talkleft Visitor on Wed Mar 30, 2005 at 08:24:50 PM EST
    DAvid Gibbs the attorney for the schinndlers has made a ton of money there just isn't a court audit to reveal the amount and where he got it and what about the money raised by the Schindlers selling the video tape which they madeinvading theprivacy of their daughter far more money has come to the right and the Schindler family then Mr and Mrs. Schiavo received from any of the litigation

    Re: Schiavo Request for Rehearing Denied (none / 0) (#20)
    by Talkleft Visitor on Wed Mar 30, 2005 at 09:18:32 PM EST
    Don't you see a difference between people willingly giving money to the Schindlers and Michael Schiavo receiving money through litigation? I also think it is a little insincere of Michael to sue the doctors because they were unaware of her illness, when he LIVED with her and didn't notice anything. And I refuse to accept the premise that Terri Schiavo received any money. That money went into a trust, with the judge as overseer. She never had any control of it.

    Re: Schiavo Request for Rehearing Denied (none / 0) (#21)
    by Talkleft Visitor on Fri Apr 01, 2005 at 05:43:41 AM EST
    As I understand it,if I am wrong someone please tell me ,Michael Schavio did not have any say in the court order to remove Terri's feeding tube. The judge was not concerned with what her husband or parents wanted. The judge heard evidence to decide what Terri would have wanted to happen . Her voice, heard though memories of her friends and family. was what mattered. The judge may have been mistaken in his assessment of what he heard but Terry was not as Nat Hentoff wrote punished for the crime of being disabled. She was not treated as a criminal or a vegetable but as a vulnerable citizen who's rights the court was protecting The judge could not view her as a something that her parents might as well have . In answer to Soldier- Her doctors , because of the kind of treatment she was getting ought to have been monitoring her electrolytes. They weren't and that is bad practice ,You see the harm that can result. As a soldier you should know about accepting responsibility .

    Re: Schiavo Request for Rehearing Denied (none / 0) (#22)
    by Talkleft Visitor on Fri Apr 01, 2005 at 09:31:01 AM EST
    The Newsnight program on Monday or Tuesday of this week had an interview with the guardian and Aaron Brown was very good at getting to the essentials of his participation in the case.

    Schiavo Request for Rehearing Denied | 22 comments (22 topical)